In the case of Jaime White, upon complaining to Doctors of pain in her abdomen, they responded by removing her appendix and allegedly failed to correctly diagnose the pain was related to something else, endometriosis.
The Queensland Courier Mail reported that Jaime had been experiencing the pain from age 11 up until 19 before being incorrectly diagnosed.
She had 5 surgeries over that period, the second to remove her appendix.
According to Jaime White who now is a volunteer at Endometriosis Queensland, it’s not uncommon for sufferers of the condition for it to be wrongly diagnosed as endometriosis.
But in a legal context, is a misdiagnosis enough to seek compensation?
Unfortunately, misdiagnosis itself is not evidence of medical negligence. In order for a misdiagnosis to be negligent, it must result from a medical practitioner failing to take “reasonable care” in diagnosing a condition. On this basis, one needs to assess what the doctor did and did not do to arrive at their diagnosis.
In cases like this, it’s important to get the fundamentals right. Asking yourself these types of questions and pulling together the relevant information will help your personal injury lawyers assess your potential claim.
1. When did you first realise the misdiagnosis?
2. Did you discuss the possible misdiagnosis with the relevant medical practitioner?
3. Did you make a complaint when you realised that there was, in fact, a misdiagnosis?
4. What was the response of the medical practitioner after you complained?
5. Did you get another medical opinion? What did they say?
6. What was your life like before the medical intervention?
7. How has the misdiagnosis impacted upon you now?
8. How will the impact of the misdiagnosis affect you in the future?
Medical negligence claims can often be difficult legal actions. Seeking prompt legal advice, particularly given that there are strict time limits is important.
Need advice? We’ll connect you to an awesome personal injury lawyer with a proven track record in medical negligence matters for a free chat!